Court officials issued a statement this afternoon, saying Recksiedler is expected to recluse herself on Wednesday. According to the Orlando Sentinel, on Wednesday Recksiedler is expected to sign an order, surrendering control of the case because of a conflict of interest.
On Monday, Zimmerman’s defense attorney Mark O’Mara filed paperwork asking her to step down. Recksiedler’s husband is a partner of attorney Mark NeJame, who’s under contract with CNN to provide analysis of this case.
She has little option but to grant the motion because of a possible conflict of interest. Several courthouse workers said that’ll happen Wednesday.
The next judge will be one of three people, the remaining felony judges in Seminole County. They are:
- John Galluzzo, a long-time Oviedo lawyer who’s represented several murder defendants and been on the bench five years.
- Kenneth Lester Jr., the 15-year veteran judge who sentenced Mike Reynolds to the death penalty for beating and stabbing a Geneva couple and their 11-year-old child to death in 1998.
- Debra S. Nelson, a 13-year judge who was a civil litigation specialist when she was in private practice. (read more)
ORLANDO – Mark O’Mara said that after speaking with Zimmerman, they will ask for a new judge now rather than weeks or months in the future. “What I don’t want to happen is to wait a month or two then what we find out is a potential conflict is an actual conflict,” said O’Mara.
Chief Judge Alan Dickey confirmed that a motion called “Defendent’s Verified Motion to Disqualify Trial Judge” was filed with the Clerk of Court and will be ruled on appropriately.
Judge Jessica Recksiedler announced on Friday a potential conflict in the case. Recksiedler said her husband works Mark NeJame.
O’Mara said his main concern is that Mark NeJame has already had conversations with member’s of Zimmerman’s family and is now acting as a media analyst on the case for CNN.
Zimmerman initially contacted Orlando attorney NeJame for representation prior to contacting O’Mara. NeJame said Zimmerman wanted to hire him on two separate occasions, but he respectfully declined.
Zimmerman’s legal team was hoping to have a bond hearing on Friday to state their case for his release while awaiting trial for second-degree murder, but it could be pushed back because of the conflict.
O’Mara said Zimmerman is upset about the setback. “He’s frustrated,” said O’Mara. “He’s frustrated to be in there now.”
Many legal experts said they do expect the Recksiedler to step aside. “If the attorney’s filed the paperwork correctly, there’s going to be another judge,” said veteran attorney Jeff Deen. Deen said he thinks the transition will be seamless.
“Because this judge has made it known that there might be a potential problem, I won’t be surprised if there is not another judge waiting right now,” said Deen. “So that really should not be a delay.”
The judge could come to a decision without holding a hearing on the conflict, according to O’Mara. The state does not oppose the motion. (read more)